Gun laws in Colorado

Location of Colorado in the United States

Gun laws in Colorado regulate the sale, possession, and use of firearms and ammunition in the state of Colorado in the United States.[1][2]

Summary table

Subject/LawLong gunsHandgunsRelevant StatutesNotes
State permit required to purchase?NoNo
Firearm registration?NoNo
Assault weapon law?NoNoDRMC § 38-130Denver ordinance bans assault weapons. Vail banned assault weapons in 1994.[3] Boulder passed such an ordinance in May 2018.[4]
Magazine Capacity Restriction?YesYesCRS §§ 18-12-302, 18-12-303 After July 1, 2013, magazines holding more than 15 rounds may not be sold, transferred, or possessed unless they were lawfully owned prior to July 1, 2013. Firearms with a tubular magazine which are either chambered in .22 rimfire or operated by lever action are exempt from this regulation, as are magazines "permanently altered" to limit the capacity to 15 or less. Boulder passed an ordinance in May 2018 banning magazines holding more than 10 rounds.[4] Vail banned magazines holding 21 or more rounds in 1994.[5]
Owner license required?NoNo
Concealed Carry permits required?NoYesCRS § 18-12-203Colorado is a shall issue state for concealed carry. Permits are issued by local sheriff offices to county residents.
Open carry?YesYesCRS § 18-12;
DRMC §§ 38-117(b), 38-118		Legal without permit requirements except in Denver and other posted areas.
Concealed within a vehicle?YesYesCRS §§ 18-12-105(2b), 33-6-125;
DRMC §§ 38-117(f), 38-118, 14-92		No permit is required. Pistols may be carried with chamber and magazine loaded. Rifles and shotguns must be carried with an empty chamber, but the magazine may be loaded.
State Preemption of local restrictions?YesYesCRS § 29-11.7-103Local ordinances are preempted by state law, but Denver bans assault weapons and open carry.
NFA weapons restricted?NoNoCRS § 18-12-102NFA items are defined as a "dangerous weapon". Subsection 5: "It shall be an affirmative defense to the charge of possessing a dangerous weapon...that said person has a valid permit and license for possession of such weapon."
Peaceable Journey laws?YesYesCRS § 18-12-105.6; DRMC §§ 38-117(f), 38-118Denver's restrictions on transport/possession of firearms in vehicles do not apply to persons traveling to or from other jurisdictions; see Trinen v. City & County of Denver, 53 P.3d 754
Castle Doctrine?YesYesCRS § 18-1-704.5A legal resident of a property has the right to use deadly force to defend themselves, other occupants, and property from armed or unarmed intruders. Known colloquially as the "Make My Day Law", in reference to a line spoken by "Dirty Harry" Callahan in the film Sudden Impact.
Stand Your Ground Law?NoNo
Background checks required for private sales?YesYesCRS § 18-12-112For private party transfers of firearms, the seller must request that a licensed dealer perform a background check of the buyer, and must get approval of the transfer from the Colorado Bureau of Investigation. Transfers of antique firearms, bona-fide gifts or loans from immediate family members, and transfers to estate executors or trustees are exempt. Temporary transfers are strictly regulated.

Concealed carry

Colorado is a "shall-issue" state for concealed carry. Permits are issued by the county sheriff,[6] and are valid for five years. Applicants must demonstrate competence with a handgun, either by passing a training class or by other means.[7] The Concealed Carry Act allows a person with a permit to carry a concealed weapon "in all areas of the state" with the exception of some federal properties, K-12 schools, and buildings with fixed security checkpoints such as courthouses, and also disallows a local government from enforcing an ordinance or resolution that conflicts with the law.[8]

In March 2012, the Colorado Supreme Court struck down the University of Colorado's campus gun ban, saying it violated the Concealed Carry Act, which allows permit holders to carry on public property, including carrying on public colleges.[8][9]

Open carry

Open carry, as well as possession of a handgun either openly displayed or concealed in an automobile, is generally permitted without a license. However, local governments may prohibit open carry to a limited extent only in areas that are directly under the jurisdiction of the municipality such as municipal buildings, police stations, etc. If such an ordinance is written all locations affected must be posted per C.R.S 29-11.7-104. The exception is the city and county of Denver has done so in a broad sense banning open carry in all areas of the city and county. The Colorado Supreme Court ruled that Denver's pre-existing ban may remain in force, despite the Colorado legislature's enactment of a statewide pre-emption law designed to establish uniform firearms policies across the state. [10][11] When a rifle or shotgun is transported in a vehicle, there may not be a round in the chamber.[12]

Other laws

Effective July 1, 2013, Colorado requires background checks for all firearm sales at the buyer's expense. Magazines that are capable of accepting more than 15 rounds or are designed to be readily convertible to accept more than 15 rounds cannot be sold or transferred within state limits. However, such magazines lawfully obtained prior to July 1, 2013 may be kept without restrictions on their use. The magazine restriction law also does not specifically address residents purchasing LCMs from out-of-state sources for personal use, although they may not be possessed within state limits. Colorado's large capacity magazine ban is silent on non-residents visiting Colorado while in possession of magazines that meet the state's LCM ban criteria, provided the LCMs are for personal use, and the individual had lawfully obtained the LCMs according to the laws of his or her home state.[13] Denver city ordinance bans assault weapons[14] and the open carrying of firearms[10].

Gun control lawsuit

A lawsuit over the legality of the magazine ban and background check laws has been filed by 54 of the 64 elected county Sheriffs and 21 sporting and outdoor groups and Colorado companies. The suit alleges that the laws violate the Second and Fourteenth amendments, and state that the laws would be impossible to enforce.[15][16][17][18]

Preemption

Colorado has state preemption of local firearm laws, except for certain ordinances enacted by the City and County of Denver.[11]

Denver

Denver law bans assault weapons[14] and the open carry of firearms.[19][11] In 2003, the Colorado General Assembly passed laws preempting these and several other pre-existing Denver laws, which Denver successfully challenged in Denver District Court in 2004.[11] In 2006, the Colorado Supreme Court let stand the District Court order upholding the Denver laws.[20]

See also

References

  1. ↑ "State Gun Laws: Colorado", National Rifle Association – Institute for Legislative Action. Retrieved February 12, 2013.
  2. ↑ "Colorado State Law Summary", Law Center to Prevent Gun Violence. Retrieved February 12, 2013.
  3. ↑ "Sterling Codifiers, Inc". sterlingcodifiers.com. Retrieved 2018-06-24.
  4. 1 2 "Boulder City Council unanimously passes ban on assault weapons". Retrieved 2018-06-24.
  5. ↑ "Sterling Codifiers, Inc". sterlingcodifiers.com. Retrieved 2018-06-24.
  6. ↑ "Colorado Gun Laws", Colorado State Patrol. Retrieved March 23, 2013.
  7. ↑ "Colorado Concealed Carry Permit Information", USA Carry. Retrieved March 23, 2013.
  8. 1 2 Whaley, Monte (5 March 2012). "Colorado Supreme Court affirms that CU students with permits can carry concealed guns on campus". The Denver Post.
  9. ↑ "Regents of the University of Colorado v. Students for Concealed Carry on Campus" (PDF). Colorado Supreme Court. 5 March 2012.
  10. 1 2 "Colorado", OpenCarry.org. Retrieved March 23, 2013.
  11. 1 2 3 4 Denver v. Colorado, 03 CV 3809, Order on Cross Motions for Summary Judgment, 5 November 2004
  12. ↑ "Guns in Vehicles in Colorado", Law Center to Prevent Gun Violence. Retrieved March 23, 2013.
  13. ↑ Bartels, Lynn and Lee, Kurtis (March 21, 2013). "Three New Gun Bills on the Books in Colorado Despite Its Wild West Image", Denver Post. Retrieved March 23, 2013.
  14. 1 2 Denver Revised Municipal Code (DRMC) § 38-130
  15. ↑ "Colorado sheriffs sue over new state gun restrictions". Fox News. Associated Press. May 18, 2013.
  16. ↑ 54 Sheriffs v. Hickenlooper, Complaint for Declaratory and Injunctive Relief
  17. ↑ "Majority of Colorado sheriffs file suit against new gun laws". NBC News. May 17, 2013.
  18. ↑ "Colorado sheriffs file federal lawsuit challenging gun bills". The Denver Post. May 18, 2013.
  19. ↑ DRMC §§ 38-117(b), 38-118
  20. ↑ Lindsay, Sue (6 June 2006). "Denver gun laws stand, but issue left unresolved". Rocky Mountain News hosted at Conceal Carry HQ.
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